Combating Impunity for Mass Atrocities: A Call for Hybrid Tribunals

Abstract

International criminal law, in its current state, is broken. A general lack of resources among the International Criminal Court and domestic judiciaries, compounded by legitimacy crises afflicting both judicial mechanisms, is contributing to widespread impunity for atrocity crimes. In order to mitigate this expanding impunity, this paper calls for a return to the hybrid model of prosecution for mass atrocities by establishing courts that blend aspects of international law with that of the state or region where the atrocities were committed. This paper examines the unique ability of the hybrid model to combat impunity both through accountability and by achieving broader transitional and restorative justice goals for post-conflict communities. In support of this renewed call for hybrid courts, this paper employs a geographic case study analyzing the failures and achievements of the two Asian hybrid courts – the Special Panels for Serious Crimes in East Timor and the Extraordinary Chambers in the Courts of Cambodia – in terms of accountability, legitimacy, and capacity building. Drawing on the experiences of the two Asian hybrid tribunals, this paper calls for a global return to the hybrid model of prosecution for mass atrocities, albeit with modifications that consider the necessary limitations on this adjudicatory model.